Qljirago  |Ban 


1894 


Chicago 


1894. 


Cn 


OF  THE 


nf  fljp  i|i 


WHO  HAVE 


during  tije  Heat  1894. 


PREPARED  UNDER  THE  AUSPICES 

OF  THE 

CHICAGO  BAR  ASSOCIATION. 


1894.. 

GEORGE  A.  FOLLANSBEE,  WM.  R.  PAGE, 

JULIUS  ROSENTHAL,  HENRY  S.  TOWLE, 

SIDNEY  C.  EASTMAN. 


1895. 

HENRY  S.  TOWLE,  THOMAS  B.  MARSTON, 

JOHN  J.  KNICKERBOCKER,       HENRY  M.  BACON, 
SAMUEL  KERR. 


V 

THOMAS  DENT,  WILLIAM  D.  McILVAlNE, 

PRESIDENT.  SECRETARY. 


Cn  Jftemortam. 


W.  C.  MINARD,      . 
WILLIAM  C.  EVERETT,  J.  P., 
NOAH  E.  GARY,    . 
MYRA  BRADWELL,  . 
W.  C.  LANGLEY,    . 
HUGH  A.  WHITE,     . 
MILTON  T.  PETERS,     . 
CHARLES  W.  GRIGGS,     . 
WILLIAM  W.  FARWELL,     . 
W.  J.  GOUDY,     .... 
OTIS  K.  A.  HUTCHINSON, 
THOMAS  S.  WRIGHT,      . 
CYRUS  M.  HAWLEY, 
BURTON  C.  COOK,   . 
WILLIAM  E.  CLARKE,  JK., 
WILLIAM  M.  LUFF, 
PHILIP  A.  HOYNE,      . 
E.  P.  BILLIARD, 
SHERWOOD  DIXON,     . 
HENRY  S.  WALDRON,    . 


January  12,  1894. 

February  1,  1894. 

February  5,  1894. 

February  14,  1894. 

February  15,  1894. 

March  23,  1894. 

.      April  2,  1894. 

April  7,  1894. 

.     April  30,  1894. 

May  26,  1894. 

.      June  16,  1894. 

July  26,  1894. 

.    August  6,  1894. 

.      August  18,  1894. 

.  October  6,  1894. 

October  9,  1894. 

November  3,  1894. 

November  27,  1894. 

December  2,  1894. 

December  22,  1894. 


PRELUDE. 


T  IKE  one  who  sits  at  evening  musing  on  the 
-*r"^  departed  day,  we  rest  awhile  in  the  long 
shadows  of  the  fading  year,  recalling  with  fond 
recollection  our  brothers  who,  during  the  year,  have 
closed  their  dockets,  locked  their  office  doors  forever, 
and  moved 

"  To  that  mysterious  realm  where  each  shall  take 
His  chamber  in  the  silent  halls  of  death." 

How  long  the  list  has  grown  since  first  we  kept 
a  record !  How  they  have  lived  and  wrought  and 
become  a  great  part  of  the  history  of  this  grand 
community.  The  men  who,  in  the  even  tenor  of 
life,  have  brought  confidence  in  and  honor  to  our 
profession ;  the  bright,  strong  woman  who  opened 
the  door  of  our  temple  to  her  sex  and  nobly  justi- 
fied her  claim  to  serve  within  its  walls ;  the  man 
who  built  up  and  guided  the  mighty  corporation ; 
the  man  who  held  uncounted  thousands  in  his 
trust  until  they  grew  to  millions ;  men  who,  in  the 


6 

quiet  of  their  offices,  have  wielded  an  influence  for 
right  and  for  progress ;  men  whose  skill,  integrity 
and  learning,  have  made  our  bench  and  bar  its 
reputation ;  whole  firms  of  noble  men  ;  men  in  the 
morning  of  life,  cut  down  by  the  assassin's  hand  ; 
men  in  the  noon  and  evening  of  life,  ripe  in  expe- 
rience and  rich  in  thought;  men  whose  names  are 
household  words ;  men  revered  and  trusted ;  men 
with  hope  as  we  hope  now.  We  knew  them  well. 
All  are  gone.  The  record  of  their  thoughts,  their 
words  and  deeds  is  closed,  and  we  offer  the  silent 
tribute  of  this  volume  that  their  names  may  live 
among  us  and  the  memory  of  their  lives  remain 
to  strengthen,  cheer  and  inspire  us  till  we,  depart- 
ing, add  the  memory  of  our  lives  to  theirs. 

We  do  not  forget  the  hallowed  circles  in  which 
each  one  of  them  is  mourned  with  a  sorrow  we 
may  not  enter.  In  that  presence,  with  bowed  heads, 
we  breathe  a  prayer  for  consolation.  May  we  not 
with  those  who  loved  them  dearest,  gather  some 
sunshine  and  learn  some  lesson  from  their  exam- 
ples? Shall  not  our  lives  take  on  a  richer,  truer 
meaning  among  ourselves? 

They  passed  from  our  sight  into  the  darkness  of 
life's  night  and  on  into  eternity's  dawn.  They  have 
heard  the  angels  say,  GOOD  MORNING. 

With  wistful  eyes  we  scan  the  horizon  into  which 
they  took  their  way — these  friends  we  have  "  loved 


and  lost  awhile,"    and   as   we   stand   and   look   we 
waive  a  long  farewell. 

Hail,     brothers     who     have     gone     before,     auf 
wiedersehen. 

Christian  C.  Kohlsaat. 


-VTOAH  E.  GARY  was  born  September  8,  1844, 
-*-^  upon  a  farm  in  Du  Page  County,  about  thirty 
miles  west  from  Chicago,  within  a  dozen  years  after 
the  peril  of  life  among  hostile  Indians  had  ceased  in 
the  neighborhood. 

Trained  to  manual  labor  upon  a  farm  ;  obtaining 
such  education  as  the  public  schools  could  give,  added 
to  by  attendance  a  couple  of  terms  at  Wheaton  Col- 
lege ;  a  soldier  in  the  war  of  the  rebellion  before  he 
was  eighteen  years  old ;  discharged,  after  two  and  a 
half  years  service,  disabled  by  four  bullets,  received 
at  the  battle  of  Resaca  ;  a  cripple  for  many  months  ; 
such  was  the  preparation  of  Noah  E.  Gary  for  a  change 
in  his  pursuits  which  ended  in  his  adopting  the  law 
as  a  profession. 

His  first  step  toward  it  was  taking  employment  as 
deputy  in  the  office  of  the  clerk  of  the  Superior  Court 
in  Chicago.  There  my  acquaintance  with  him  began. 

Although  our  family  name  was  the  same,  the  rela- 
tionship, if  any  existed  between  us,  was  too  remote 
to  be  traced. 

When  admitted  to  the  bar  in  January,  1875,  he 
became  an  office  lawyer.  He  was  not — probably 
could  not  have  become — an  advocate  in  jury  trials, 
and  his  business  associations  were  such  that  there  was 
no  occasion  that  he  should  make  an  effort  in  that 


10 

direction ;  but  he  was  a  wise  and  prudent  counsellor, 
specially  qualified  in  the  law  of  real  property,  and 
the  doctrines  and  practice  of  courts  of  equity. 

His  intense  nature  made  the  cause  of  his  client  his 
own,  and  the  very  excess  of  his  zeal  brought  with  it 
something  of  that  infirmity  that  attends  the  efforts 
of  whoever  pleads  his  own  cause. 

His  example  remains  as  an  encouragement  to  all 
members  of  the  profession  of  a  temperament  like  his, 
of  how  useful  to  clients,  how  highly  respectable  and 
respected  a  lawyer  may  be,  who  devotes  an  earnest 
industry,  a  wide  knowledge  of  the  books  of  his  pro- 
fession, business  ability,  and  unswerving  honesty  in 
his  dealings  with  all  men,  to  the  duties  of  daily  life. 
Such  men  dignify  our  profession. 

It  is  only  of  him  as  a  lawyer  that  I  may  write. 
His  domestic  relations  ;  his  services  as  a  public  spir- 
ited citizen  in  Wheaton,  where  he  resided,  though 
his  law  office  was  in  Chicago ;  his  social  and  religious 
affiliations  are  not  topics  for  this  paper. 

He  died  before  he  was  fifty  years  old ;  at  an  age 
when  the  professional  man  is  at  his  best,  and  at  which 
he  has  but  fairly  begun  to  earn  the  reputation  to 
which  his  after  labors  may  entitle  him. 

Regretted,  mourned,  and  remembered  with  sorrow- 
ful affection  by  a  large  circle  of  friends  both  in  and 
out  of  our  profession ;  Soldier,  Citizen,  Lawyer ;  he 
has  left  a  stainless  name. 

Joseph  E.  Gary. 


"A  /TYRA  BRADWELL— IN  MEMORIAM.— Among 
-"-**  the  members  of  the  Chicago  Bar  who  have 
passed  away  during  the  year  now  closing,  is  one 
whose  life  presents  many  interesting  peculiarities, 
and  who  made  for  herself,  and  will  always  occupy,  a 
niche  as  unique  as  it  is  conspicuous  and  creditable. 

Myra  Bradwell,  the  daughter  of  Eben  and  Abigail 
Willey  Colby,  was  born  in  Manchester,  Vermont, 
February  12,  1831,  and  when  about  twelve  years  of 
age  came  with  her  parents  to  Illinois,  where  she 
resided  until  her  death. 

The  blood  of  Puritan  ancestors  coursed  proudly 
through  her  veins,  and  her  nobility  and  purity  of 
character  and  loyal  devotion  to  duty  through  life, 
testify  that  the  modest  maiden  drank  deeply  of  the 
dauntless  spirit  which  has  given  the  Green  Moun- 
tain State  deserved  prestige,  and  made  her  sons  and 
daughters  everywhere  pioneers  of  an  advancing  civil- 
ization. Her  ancestors  served  in  the  war  of  the 
Revolution,  and  shared  the  glory  wrested  from  defeat 
on  Bunker  Hill.  Her  family  were  friends  of  the 
illustrious  Lovejoy,  the  story  of  whose  martyrdom 
stirred  her  sensitive  soul  to  its  profoundest  depths. 
She  perceived  that  the  laws  as  they  then  existed  were 


12 

far  from  being  just  and  equal,  and  that  oppression 
intrenched  in  the  law  itself  is  the  most  insidious  and 
dangerous  foe  to  liberty. 

She  was  educated  in  Kenosha  and  Elgin,  engaged 
for  a  time  in  teaching,  and,  in  1852.  married  Mr. 
James  B.  Brad  well.  Mrs.  Brad  well  began  the  study 
of  the  law  with  her  husband,  not  then  contemplating 
a  public  career,  but  regarding  it  as  a  means  of  mental 
discipline  and  of  extending  her  education  into  a  most 
important  and  greatly  neglected  field.  Her  study, 
however,  impressed  her  strongly  with  the  disgraceful 
but  obvious  fact  that  the  rights  of  woman,  especially 
as  a  femtne  covert,  were  not  properly  protected  by 
existing  law,  and  that  there  was  ample  opportunity 
for  a  woman,  wise  to  plan  and  persistent  to  pursue, 
to  aid  her  sisters  in  obtaining  equal  rights  and  op- 
portunities before  the  law,  and  in  opening  to  woman 
all  appropriate  fields  of  human  activity  and  useful- 
ness. So  far  as  a  conscientious  and  loving  devotion 
to  the  duties  of  a  wife  and  mother  permitted,  she 
devoted  her  mature  life  to  this,  her  chosen  work. 
Refused  admission  to  the  bar  by  the  Supreme  Court 
of  Illinois  because  she  was  a  woman,  and,  there- 
fore, disqualified  to  practice  law,  she  carried  her 
case  to  the  Supreme  Court  of  the  United  States, 
where  her  cause  was  championed  by  the  eloquent 
and  erudite  Senator  Matt  Carpenter,  whose  profound 
argument  in  that  case  attracted  wide  attention  and 


13 

critical  comment.  That  august  tribunal,  Mr.  Chief 
Justice  Chase  dissenting,  affirmed  the  judgment  of 
the  Court  below.  This  opinion  was  promulgated  in 
1873,  eight  years  after  the  close  of  the  war  of  the 
Rebellion,  during  which  woman  had  formed  and 
carried  on  more  than  thirty  thousand  societies  and 
associations  for  the  relief  of  her  brothers  in  the  field  ; 
had  raised  and  disbursed  in  that  patriotic  work  about 
thirty  millions  of  dollars ;  had  nursed  sick  and 
wounded  soldiers  in  a  hundred  hospitals  ;  had  "  car- 
ried lint  and  the  blessing  of  her  shadow "  across 
many  bloody  battlefields,  and  by  her  generous  self- 
sacrifice  had  saved  to  the  army  and  to  their  friends 
the  lives  of  at  least  fifty  thousand  patriots.  Tcmpora 
mutantur,  et  nos  mutarnur  in  illis. 

About  twenty  years  later  the  Supreme  Court  of 
Illinois,  of  its  own  motion,  granted  to  Mrs.  Bradwell 
a  license  to  practice  law,  and  in  1892,  upon  the 
motion  of  Attorney-General  Miller,  she  was  admit- 
ted to  practice  before  the  Supreme  Court  of  the 
United  States. 

In  1868  Mrs.  Bradwell  began  the  publication  of 
the  Chicago  Legal  News,  the  first  legal  newspaper 
edited  by  a  woman,  which  she  personally  con- 
ducted until  the  time  of  her  death.  In  spite  of 
dismal  prophecies  of  an  early  and  utter  failure,  her 
indomitable  energy  and  unfaltering  courage  tri- 
umphed over  all  obstacles,  and  she  soon  had  the 


14 

supreme  satisfaction  of  knowing  that  her  paper  was 
recognized  as  one  of  the  most  valuable  legal  period- 
icals in  the  country.  The  Bar  of  Chicago  will  not 
soon  forget  the  intrepid  woman  who  thus  won  their 
respect  and  cordial  regard. 

In  all  measures  for  the  benefit  of  humanity,  in  all 
patriotic  endeavor  and  in  all  philanthropic  purpose, 
Mrs.  Bradwell  took  a  deep  and  abiding  interest.  To 
the  advancement  of  woman  and  the  recognition  of 
her  equal  rights  before  the  law  she  devoted  herself 
assiduously  for  many  years.  Not  ostentatiously,  not 
by  violent  declamation  and  severe  censure,  not  by 
sarcasm  and  invective,  but  in  her  own  quiet  and 
sagacious  manner  she  removed  obstacles,  secured 
hearty  cooperation,  awakened  sympathy,  and  mar- 
shaled forces  to  aid  in  accomplishing  the  desired 
result. 

At  the  soldiers'  fairs  held  in  Chicago  in  1863  and 
1865,  she  was  deeply  interested  and  actively  engaged. 
She  was  the  first  woman  admitted  to  membership  in 
the  Illinois  State  Bar  Association  and  the  Illinois 
Press  Association  ;  she  was  a  charter  member  of  the 
Soldiers'  Home,  the  Illinois  Industrial  School  for 
Girls,  the  Washingtonian  Home,  and  the  first  Miriam 
Chapter  of  the  Eastern  Star ;  was  a  member  of  the 
Woman's  Club,  the  Daughters  of  the  American  Revo- 
lution, the  Grand  Army  Relief  Corps,  the  National 
Press.  League,  and  the  Woman's  Press  Association, 


15 

and  was  one  of  the  Board  of  Lady  Managers  of  the 
World's  Columbian  Exposition. 

With  all  her  activity  and  versatility,  .although 
doubtless  gratified  by  the  wide  and  generous  recogni- 
tion of  her  public  services,  she  was  not  greedy  for 
popular  applause.  With  a  calm  confidence  in  the 
final  triumph  of  justice,  she  quietly  and  courageously 
pursued  her  way,  knowing  well  that  bud  and  blos- 
som are  a  sure  prophecy  of  following  fruitage. 

She  was  generous  enough  to  rejoice  heartily  in  the 
success  of  others,  even  if  their  methods  were  less  judi- 
cious than  her  own,  and  the  folly  of  those  who  toil 
assiduously  and  constantly  for  others  with. the  mint, 
anise  and  cumin  of  speech,  forgetful  of  the  weight- 
ier matters  of  the  great  law  of  beneficence,  drew  from 
her  no  unkind  comment. 

Mrs.  Bradwell  was  full  of  noble  impulses,  fond  of 
congenial  companionship,  dignified,  but  cordial  and 
frank  in  her  manners,  tempering  incisive  speech  with 
pleasant  jest  and  kindly  humor.  She  was  a  devoted 
wife,  an  almost  ideal  mother,  a  true  and  steadfast 
friend.  In  her  quasi  public  career  she  retained 
intact  that  womanly  delicacy  and  refinement  of 
manner  which  are  the  charm  of  womanhood  and 
the  secret  of  its  marvelous  power. 

Mrs.  Bradwell  was  never  actively  engaged  in  the 
practice  of  the  law,  but  her  influence  upon  our  pro- 
fession and  the  age  has  been  more  potent,  and  will 


16 

be  more  lasting  and  beneficial  than  many  an  eloquent 
advocate  who  has  worthily  won  and  worn  the  laurel 
wreath  of  undying  fame.  It  is  peculiarly  fitting  that 
in  this  annual  memorial  volume  we  place  on  record 
our  high  appreciation  of  her  character  and  attain- 
ments, and  make  a  fitting  acknowledgment  of  the 
work  accomplished  by  our  sister,  of  whose  achieve- 
ments we  are  justly  proud  and  whose  memory  we 
shall  ever  tenderly  cherish. 

Mrs.  Bradwell  was  a  firm  believer  in  the  immortal 
life  beyond  and  yielded  willing  obedience  to  the  sanc- 
tions of  religion,  but  she  also  realized  that  to  labor  is 
to  pray,  and  that  the  service  most  acceptable  to  the 
Father  is  loyal  and  loving  service  to  His  children. 
For  creed  and  dogma  she  cared  little,  but  with  a  sub- 
lime trust  in  God  echoed  the  devout  and  comforting 
words  of  Whittier : 

"I  know  not  where  His  islands  lift 

Their  fronded  palms  in  air ; 
I  only  know  I  can  not  drift 
Beyond  His  love  and  care." 

And  so,  after  a  life  full  of  well  doing,  having 
already  seen  the  ripening  fruitage  of  her  toil,  and 
rejoicing  in  the  partial  fruition  of  her  hopes ;  while 
yet  in  the  midst  of  a  useful  career,  she  was  summoned 
by  the  Judge  of  the  quick  and  the  dead,  and,  with 
brave  but  tender  and  tremulous  farewells  on  her  lips, 


17 

passed  peacefully  over  the  dark  river  and  up  the 
shining  heights  on  which  forever  lingers  lovingly 
the  soft  splendor  of 

"  The  light  that  never  was  on  sea  or  land," 

where  she  awaits  our  tardier  footsteps.  Twining  the 
laurels  she  won  with  the  cypress  of  our  grief,  we  lay 
upon  her  tomb  a  tender  tribute  to  the  memory  of 
one  who  wrought  earnestly,  wisely  and  successfully. 

E.  B.  Sherman. 


TTUGH  ALEXANDER  WHITE  was  one  of  the 
-* — *-  solid  men  of  Chicago,  the  scene  of  his  busi- 
ness life,  and  of  Evanston,  the  place  of  his  residence 
for  upwards  of  thirty  years,  and  where  he  resided  at 
the  time  of  his  death,  March  25,  1894,  after  a  short 
illness.  He  was  a  believer  in  work,  and  one  of  his 
most  prominent  characteristics  even  from  childhood 
was  his  unremitting  industry.  It  was  not  a  hard- 
ship for  him  to  work,  it  was  a  pleasure.  He  did  not 
believe  in  royal  roads  to  success  in  life,  or  in  short 
cuts.  There  was,  consequently,  no  time  in  his  life 
when  he  was  not  successful  to  the  measure  of  his 
undertakings.  He  was  one  of  those  who,  if  he 
thought  he  could  go  a  mile,  could  go  two.  He  did 
not  lack  ambition,  but  it  was  not  for  display — not  to 
shine  for  a  time — it  was  to  go  steadily  on  in  the  dis- 
charge of  the  duties  belonging  to  the  trusts  reposed 
in  him,  reaping  the  rewards  he  knew  were  sure  to 
follow.  Such  was  his  dislike  to  intruding  himself 
upon  public  attention  that  he  would  never  consent 
to  being  written  up,  and  so  seldom  talked  of  himself 
that  the  writer  of  this  sketch,  though  intimate  with 
him  for  nearly  thirty-five  years,  knew  little  of  his 
early  life  except  what  was  gained  from  others,  and 


20 

whatever  his  successes  in  his  business  he  seldom 
talked  of  them  by  way  of  self-gratulation.  He  was 
a  public  spirited  man,  and  took  an  active  part  in 
bringing  about  better  conditions,  the  enactment  of 
better  laws  and  greater  fidelity  in  their  enforcement. 
By  the  thoroughness  of  his  investigations  into  the 
subjects  committed  to  him,  and  the  practical  nature 
of  his  suggestions  for  reform,  he  rendered  most  valu- 
able service.  He  was  clear-headed,  outspoken  and 
sturdy,  and  left  no  one  in  doubt  where  he  stood. 

Mr.  White  was  born  near  Quincy,  Illinois,  in  1830. 
Both  his  parents  having  died  before  he  was  nine 
years  old,  he  was  left  to  the  care  of  his  maternal 
grand-parents.  He  was  bi'ought  up  on  a  farm  in  the 
neighborhood  of  Quincy  by  his  uncle  by  marriage, 
Moses  Gutherie.  He  was  educated  in  the  Illinois 
College  at  Jacksonville.  From  there  he  went  to 
Quincy  and  entered  the  law  office  of  Williams,  Grim- 
shaw  &  Lawrence  as  a  student,  where  he  remained 
until  he  came  to  Chicago  in  1856,  and  opened  the 
law  office  of  Williams  &  White.  His  partner  was 
Archibald  Williams,  the  senior  member  of  the  firm 
with  which  he  studied,  and  who  was  at  about  that 
time  United  States  District  Attorney,  one  of  the 
great  lawyers  of  that  day,  the  day  of  great  lawyers 
in  Illinois. 

Mr.  White  continued  in  the  active  practice  of  the 
law,  trying  cases  in  court  until  about  1874,  when,  in 


21 

consequence  of  an  affection  of  the  throat  and  a  large 
increase  in  his  office  business,  he  discontinued  his 
court  practice  and  confined  himself  to  the  more 
profitable  and  congenial  business  of  managing  the 
several  large  estates  that  had  been  entrusted  to  his 
care,  examination  of  abstracts  and  other  office  busi- 
ness. Among  the  estates  which  he  managed  were 
the  Allen  C.  Lewis  estate,  which  grew  in  his  hands 
to  its  present  magnificent  proportions ;  the  Bigelow 
estate,  the  DeHaven  estate,  and  the  Francis  C.  Sher- 
man estate.  To  the  management  of  these  estates  he 
brought  that  same  conscientious,  painstaking  care, 
executive  ability  and  strict  integrity  that  marked 
his  whole  business  life.  He  wanted  no  unfair  advan- 
tage of  others,  and  he  did  not  allow  others  to  take 
unfair  advantage  of  him.  The  upright  found  it  very 
agreeable  to  do  business  with  him,  but  the  quibbling 
and  dishonest  were  sometimes  made  to  regret  that 
they  had  shown  these  undesirable  traits  to  him. 

Mr.  White  was  married  to  Catherine  Mclntosh 
Sands,  of  New  York,  in  1860;  she  survives  him. 
They  had  no  children.  Soon  after  their  marriage 
they  moved  to  Evanston,  and  not  long  after  that 
erected  the  beautiful  home  where  they  lived  to  the 
time  of  his  death,  and  where  his  widow  continues  to 
reside.  Mr.  White  was  a  great  lover  of  flowers, 
among  which  many  of  his  early  morning  and  even- 
ing hours  were  spent  in  their  culture.  His  grounds, 


22 

half  a  block  on  Ridge  avenue,  one  of  the  most  beau- 
tiful streets  in  the  town,  have  ever  been  the  pride 
and  delight  of  the  people  of  Evanston. 

He  was  a  connoisseur  of  pictures,  and  a  great  lover 
of  books.  His  house  was  well  filled  with  the  best 
paintings  of  the  masters,  and  his  library  was  well 
stocked  with  rare  and  most  valuable  books.  There 
were  few  men  better  posted  upon  almost  every  topic, 
or  who  could  talk  more  entertainingly,  than  Mr. 
White.  He  cared  little  for  general  society,  and  did 
not  aspire  to  office.  His  pleasure  was  in  his  home, 
which  he  provided  with  every  luxury,  where,  in  com- 
pany of  his  devoted  wife,  whom  he  delighted  to 
honor,  and  to  whom  he  left  his  fortune,  he  spent  the 
hours  of  leisure  among  his  flowers,  his  books  and 
gems  of  art. 

By  the  generosity  of  his  widow,  his  library  of  mis- 
cellaneous and  law  books  is  now  the  property  of 

the  University  of  Chicago. 

Harvey  B.  Kurd. 


CHARLES  WADSWORTH  GRIGGS.— Among 
****  the  well-known  members  of  the  Chicago  Bar 
who  have  been  called  hence  during  the  present  year, 
was  Charles  W.  Griggs.  He  was  born  at  West  Troy, 
New  York,  December  17,  1843.  His  parents  were 
Ira  Griggs  and  Alida  Mabie  Exceen  Griggs.  The 
family  came  from  Connecticut.  The  father  was  by 
occupation  a  machinist,  and  the  son  inherited  from 
him  an  aptitude  and  skill  in  mechanical  matters 
which  enabled  him  readily  to  comprehend  and  deal 
with  the  requirements  of  controversies  over  patented 
inventions.  The  family  of  Mrs.  Griggs  traces  its 
lineage  back  to  Holland,  and  a  worthy  Dutch  ances- 
try. The  Exceen  family  was  among  the  early  set- 
tlers in  the  Mohawk  Valley  of  the  Empire  State. 
Charles  "W.  Griggs  was  educated  in  the  common 
schools  and  in  the  Utica  Academy  of  Utica,  New 
York.  He  was  of  a  studious,  thoughtful  disposition, 
and  readily  mastered  the  subjects  to  which  he  turned 
his  attention.  He  came  to  Chicago  in  1858,  and  at 
first  engaged  in  mercantile  pursuits ;  but  in  his 
eighteenth  year  he  manifested  a  strong  inclination 
to  study  law.  His  family  favored  this  disposition ; 
and  on  August  27,  1861,  he  entered  the  office  of 


•24 

C.  C.  Bonney.  He  completed  his  studies  and  was 
admitted  to  the  Bar  on  December  17,  1864.  He 
remained  associated  with  Mr.  Bonney  for  many 
years ;  and  it  is  not  too  much  to  say  that  he  was 
as  thoroughly  versed  in  the  high  and  difficult  arts 
of  pleading  and  practice  as  any  other  man  of  his 
age  at  the  Chicago  Bar.  The  papers  prepared  by 
him  were  models  of  excellence,  both  in  matter  and 
in  style.  From  the  date  of  his  admission  until  1869, 
he  was  associated  with  his  legal  preceptor  under  the 
firm  name  of  Bonney  &  Griggs.  In  that  year,  Mr. 
J.  Edwards  Fay  was  associated  with  them  under  the 
style  of  Bonney,  Fay  &  Griggs,  and  this  association 
continued  until  the  new  firm  of  C.  C.  &  C.  L.  Bou- 
ney  was  formed.  Mr.  Fay  and  Mr.  Griggs  continued 
practice  under  the  firm  name  of  Fay  &  Griggs  until 
the  death  of  the  latter. 

When  the  Kingsbury  Block  ceased  to  be  an  office 
building,  Mr.  Bonney  and  Mr.  Griggs  removed  to 
what  was  then  known  as  Lombard  Block.  After 
remaining  there  for  several  years,  they  removed 
to  the  City  Bank  Building,  and  remained  there 
associated  with  Mr.  Fay  until  the  destruction  of 
the  city  by  the  great  fire  of  1871.  When  the  Com- 
mercial Bank  Building  was  completed,  the  firm  of 
Fay  &  Griggs  removed  to  that  building,  where  they 
were  engaged  in  active  practice  at  the  time  of  Mr. 
Griggs'  death. 


25 

These  incidents  are  mentioned  with  the  belief  that 
they  will  be  interesting  to  the  profession  here. 
When  Mr.  Griggs  commenced  the  practice  of  law, 
the  Circuit  Court  was  held  by  one  judge,  Hon. 
George  Manierre,  and  the  Superior  Court  by  three 
judges,  Honorables  John  M.  Wilson,  Grant  Good- 
rich and  Van  H.  Higgins.  All  these  judges,  and 
most  of  the  lawyers  who  practiced  before  them,  have 
been  called  to  the  Bar  of  the  Eternal  Justice.  Only 
a  few  of  the  profession  who  were  then  in  practice 
now  remain. 

Mr.  Griggs  soon  drew  around  him  a  clientage  so 
large  in  number  and  so  high  in  character  that  if  he 
had  possessed  the  money-making  faculty,  he  would 
have  found  no  difficulty  in  acquiring  that  reasonable 
fortune  which  the  faithful  and  industrious  lawyer 
must  always  really  earn  in  the  pursuit  of  his  pro- 
fession. The  mind  of  Mr.  Griggs  was  over-cautious, 
and  he  was  always  inclined  to  underrate  the  value 
of  his  services.  He  was  not  an  orator,  but  he  had  a 
direct  and  forcible  way  of  expressing  his  views  in 
court,  though  his  preference  was  always  for  the 
office  rather  than  the  court. 

Mr.  Griggs  was  a  member  of  the  Reformed  Dutch 
Church,  now  known  as  the  American  Reformed 
Church,  and  in  the  proceedings  of  this  Church  he 
always  took  an  active  and  influential  part.  Although 
of  a  social  nature,  he  was  extremely  retiring  in  his 


26 

manner,  and  sometimes  seemed  to  lack  the  self- 
assertion  generally  deemed  necessary  to  success.  Mr. 
Griggs  was  married  in  1870,  to  Emma,  daughter  of 
Edward  Walter,  of  Chicago,  who  survives  him  with 
two  daughters,  Elizabeth  and  Gertrude.  If  Mr. 
Griggs  had  looked  forward  to  anticipate  this  event, 
his  desire  certainly  would  have  been  that  anything 
said  of  him  should  be  marked  by  extreme  simplicity  ; 
that  it  should  be  characterized  by  an  adherence  to 
material  facts,  and  should  be  devoid  of  words  of  mere 
eulogy.  This  brief  sketch  is  therefore  submitted 
without  further  amplification  as  a  simple  compliance 
with  the  duties  of  the  occasion,  and  as  in  strict  har- 
mony with  the  leading  characteristics  of  the  person 
in  whose  honor  it  is  presented. 

Lyman  M.  Paine. 


"TTTILLIAM  W.   FARWELL.— If  all  men   were 

^  '  like  the  late  Judge  William  W.  Farwell,  there 
would  be  no  use  for  courts,  or  jurors,  or  jails.  He 
was  pre-eminently  a  just  man. 

While  in  a  degree  modest  and  unassuming,  so  pre- 
dominating was  his  sense  of  justice,  that  he  pursued 
the  right  as  he  understood  the  right,  with  firmness 
of  purpose  rarely  equaled.  With  a  clear  intellect 
and  knowledge  of  the  law,  added  to  his  moral  quali- 
ties, he  was  a  safe  counselor  and  guide.  Under- 
standing his  qualities  as  a  citizen  and  as  a  lawyer, 
the  people  of  Cook  County,  and  especially  the  Bar 
of  the  City  of  Chicago,  placed  him  upon  the  bench 
by  almost  unanimous  consent. 

Though  not  of  a  robust  constitution,  his  correct 
and  regular  habits  of  life  enabled  him  to  reach  a 
ripe  old  age ;  and  when,  in  the  order  of  nature,  the 
time  came  for  him  to  depart  hence,  the  community 
in  which  he  had  long  lived  sustained  a  serious  loss, 
as  it  always  does  by  the  death  of  an  exemplary 
character,  whose  influence  while  living  was  always 
on  the  side  of  right  and  justice. 

Such  characters  are  not  now,  and  never  have  been 
since  my  recollection,  too  numerous;  and  when  one 


28 

dies  a  valuable  member  of  society  is  gone,  and  one 
less  remains  as  an  example  and  guide  worthy  of  all 
imitation. 

Sydney  Smith. 


OTIS  KING  A.  HUTCHINSON.  By  the  death 
of  Otis  King  A.  Hutchinson,  on  June  16th, 
A.  D.  1894,  the  oldest  existing  law  firm  in  Chicago 
was  dissolved. 

Otis  King  A.  Hutchinson  was  born  in  Royalston, 
Massachusetts,  February  14,  A.  D.  1828 ;  he  studied 
law  with  Judge  Gibbons  in  Philadelphia,  Pennsyl- 
vania, and  was  admitted  to  the  bar  in  that  city, 
where  he  practiced  his  profession  for  several  years. 
In  the  year  1858  he  came  to  Chicago,  and  became  a 
member  of  the  Chicago  Bar,  and  in  1868  formed  a 
partnership  with  William  M.  Luff,  which  continued 
twenty-six  (26)  years,  to  the  date  of  his  death. 

He  was  married  to  Catharine  R.  Engs,  of  Newport, 
Rhode  Island,  in  the  year  1862,  who  survived  him 
for  a  few  months  only,  and  who  died  December  2, 
A.  D.  1894.  They  leave  them  surviving  two  (2) 
children,  Otis  King  A.  Hutchinson  (a  member  of  the 
Chicago  Bar,  and  successor  to  the  firm  of  Hutchinson 
&  Luff),  and  one  daughter,  Elizabeth  Hutchinson. 
William  M.  Luff,  the  partner  of  Mr.  Hutchinson  for 
so  many  years,  survived  him  for  a  few  months  only, 
and  died  October  9,  A.  D.  1894.  During  the  last 
two  years  of  Mr.  Hutchinson's  life,  his  health  was 


30 

feeble,  and  he  was  compelled  to  relinquish  the  active 
prosecution  of  his  practice  to  Mr.  Luff  and  his  son, 
and  during  the  last  few  months  of  his  life  he  sought 
rest  and  renewed  strength  in  the  quiet  and  retirement 
of  a  sanitarium  in  Wisconsin,  but  without  avail. 

Mr.  Hutchinson  was  a  man  of  marked  ability, 
uprightness  and  integrity.  He  was  connected  with 
many  cases  of  prominence  during  his  connection 
with  the  Chicago  Bar,  and  had  a  wide  practice.  He 
had  the  confidence  of  his  many  clients,  and  served 
them  faithfully  ;  indeed,  few  lawyers  were  so  persist- 
ent in  the  prosecution  of  their  causes.  With  single- 
ness of  purpose,  he  threw  himself  unreservedly  into 
his  client's  cause  and  advocated  their  interests,  as 
if  success  was  a  matter  of  moral  principle,  and 
failure  a  gross  perversion  of  justice.  Although 
kindly  in  spirit  and  gentle  in  disposition  as  a  little 
child,  he  was  rigid  and  inflexible  when  his  clients' 
interests  were  at  stake. 

By  his  death  the  Bar  loses  one  of  its  oldest  and 
most  respected  members,  and  the  community  a  wise 
and  most  trusty  counsellor  and  advocate. 

David  Fales. 

•nil    >••••:.•.  /[I/;  'tr>  7   ,;  riii'i   >»f .   '.'\\lh\   .If.  mniiIiV/ 


rpHOMAS  S.  WRIGHT.— The  life  that  is  com- 
-*-  plete  has  no  antagonism  with  death.  Life  and 
death  blend  in  harmony  when  ripened  age  leads  life 
back  into  the  mystery  whence  it  came.  The  soul 
that  has  sped  its  full  flight  through  life  vanishes 
from  earth,  not  in  blackness  and  regret,  but,  even  as 
it  came,  "  trailing  clouds  of  glory  "  toward  its  home. 
The  end  is  but  the  completion  of  the  beginning  ;  the 
fulfillment  of  the  promise  of  birth.  The  plan  of  such 
a  life  is  perfect,  and  we  bow  to  death  as  the  comple- 
ment of  life. 

But  the  snapping  of  a  life  in  its  prime — the  sudden 
snatching  away  of  a  soul  that  is  young — not  only 
moves  our  tears,  but  baffles  our  logic.  Our  mental 
grasp  fails  to  reach  the  meaning  of  such  a  fact,  and 
to  our  searching  "  Why?  "  we  find  no  answer  in  the 
scheme  of  life.  In  such  a  scene,  to  the  finite  mind, 
death  is  an  intruder,  disturbing  and  confounding, 
instead  of  assisting  and  completing,  the  divine  plan. 

So  death  came  to  Thomas  S.  Wright.  At  an  age 
when  manhood  is  ripe  for  deeds ;  in  a  position  in  his 
profession  where  past  achievement  furnished  a  pedes- 
tal from  which  to  look  forth  to  broader  fields  of 
future  effort ;  with  the  years  bright  behind  him,  and 


32 

fairer   in   prospect ;   suddenly,  without  warning,   it 
came. 

Thomas  S.  Wright  was  born  September  29,  1844, 
at  Keosauqua,  Iowa.  There  was  the  blood  of  achieve- 
ment in  his  veins.  His  father,  Hon.  George  G. 
Wright,  in  the  face  of  adverse  fortune,  and  in  spite 
of  grievous  bodily  infirmity,  fought  his  pioneer  way 
through  the  young  but  puissant  commonwealth  to  a 
place  in  the  United  States  Senate,  and  a  seat  on  the 
Supreme  bench  of  Iowa,  and  still  lives,  an  honored 
Nestor  of  his  State.  The  country  which  honored  the 
father  received  sacrifices  of  the  son,  and,  in  1863,  not 
yet  nineteen  years  of  age,  he  rode  to  the  front  in  the 
uniform  of  the  Third  Iowa  Cavalry.  He  fell  a  vic- 
tim to  "  the  hideous  crime  of  Anderson ville,"  and 
carried  through  life,  in  impaired  health,  daily  and 
painful  memories  of  that  atrocity.  The  close  of  the 
war  found  him,  still  a  boy,  with  the  rank  of  adju- 
tant. The  disturbing  influences  of  army  life  had 
given  no  bent  of  indirection  to  the  young  man's 
course,  and,  with  characteristic  promptness  and 
application,  he  devoted  himself  to  the  study  of  law. 
Graduating  from  the  law  department  of  the  Iowa 
State  University  in  1867,  he  entered  into  partnership 
in  Des  Moines  with  Thomas  F.  Withrow,  then  official 
reporter  for  the  Supreme  Court  of  Iowa,  afterwards 
for  many  years  a  distinguished  member  of  this  Bar, 
whose  sudden  and  untimely  death  was,  only  a  year 


33 

ago,  commemorated  in  these  memorials.  In  1873 
Mr.  Withrow  removed  to  Chicago,  becoming  the 
General  Solicitor  of  the  Chicago,  Rock  Island  and 
Pacific  Railway  Company.  Mr.  Wright  succeeded 
to  the  law  practice  of  the  firm,  and  from  that  time 
till  1886,  in  connection  with  his  general  practice, 
represented  the  same  railway  company  as  its  local 
attorney.  Success  was  an  early  and  constant  com- 
panion in  his  professional  career.  As  a  member  at 
different  times  of  the  firms  of  Gatch  &  Wright, 
Gatch,  Wright  &  Runnells,  Wright,  Gatch  &  Wright, 
Wright  &  Wright,  and  Wright.  Cummins  &  Wright, 
he  readily  became,  and  easily  remained,  one  of  the 
leaders  of  the  Bar  of  his  State.  The  growing  busi- 
ness of  his  railway  client  finally  demanded  all  his 
time,  and,  in  1866,  he  was  made  its  Division  Solicitor 
at  Des  Moines,  in  charge  of  its  legal  matters  in  Iowa. 
Three  years  later  he  was  promoted  to  the  position  of 
General  Attorney  for  the  lines  in  Illinois  and  Iowa, 
and  came  to  Chicago,  in  association,  again,  with  his 
first  law  partner,  Thomas  F.  Withrow,  who  had 
become  the  General  Counsel  of  the  Company.  On 
the  death  of  Mr.  Withrow,  in  1893,  the  duties  of  the 
office  of  General  Counsel  devolved  upon  Mr.  Wright. 
While  on  the  business  of  his  client,  in  the  city  of 
New  York,  on  the  evening  of  July  26,  1894,  he  met 
death  by  accident. 

A  memorial  such  as  this  should,  as  nearly  as  may 


34 

be,  photograph  its  subject.  It  would  not  be  like  the 
man  of  whom  I  write,  and,  therefore,  would  be 
inappropriate,  to  amplify  or  adorn  the  few  facts  thus 
simply  told.  His  successes  in  the  forum ;  his 
achievements  in  the  less  showy  but  more  substantial 
work  of  the  office  and  counsel  room  ;  the  vastness  of 
the  interests  he  so  ably  served — these  are  facts  which 
he  would  not,  and  Avhich  we,  in  justice  to  his  char- 
acter, should  not,  advertise.  Modesty  strongly 
marked  his  life,  and  ostentation  shall  be  absent  from 
his  obituary. 

It  is  permitted  to  me,  however,  to  speak  of  his 
character;  and  his  worth,  as  a  lawyer  and  a  man, 
may  well  receive  the  tribute  of  these  pages. 

He  was,  in  the  truest  and  broadest  sense  of  the 
term,  a  lawyer.  Not  the  office  of  advocate  or  the 
function  of  counsellor  alone  marked  the  limit  of  his 
powers.  Effective,  resourceful,  aggressive  and  suc- 
cessful in  the  battles  of  the  courts,  he  was  always 
safe,  judicious  and  sound  in  counsel.  With  an 
industry  which,  even  in  this  day  of  the  making  of 
many  books,  exhausted  investigation  into  every 
important  question  presented  to  him,  he  combined  a 
lucidity  and  strength  of  reasoning  that,  even  in  the 
absence  of  precedent  or  authority,  led  him  logically 
to  the  end  of  the  most  involved  legal  labyrinth.  His 
client's  cause  received  the  highest  service  of  a  vig- 
orous, well-equipped  and  honest  mind.  Nor  was 


35 

this  all ;  for  to  the  service  of  such  a  mind  was  added 
the  persuasive  and  compelling  influence  of  high 
character.  Mr.  Wright  was  not  well  known  to  this 
Bar.  The  shortness  of  his  career  among  us,  and  the 
absorbing  duties  of  a  position  which  made  of  him  an 
adviser  more  than  an  advocate,  prevented  that.  But 
in  the  forum  where  he  was  known,  an  argument  by 
him  had  greater  value  than  belonged  to  his  reasoning 
alone,  for  it  had  the  aid  of  the  weight  and  force  of  a 
lofty  manhood.  One  of  his  latest  achievements  was 
to  present  to  that  Court  a  petition  for  rehearing  in  a 
cause  to  which  his  company  was  not  a  party,  but  in 
which  the  Court  had  rendered  a  decision  that  affected 
adversely  every  railway  in  Iowa,  and  to  win  a 
reversal  of  the  judgment.  The  reports  of  that  State 
show  that  this  was  not  his  only  victory  of  the  kind. 
What  shall  we  say  of  him  as  a  man  ?  In  the  filial, 
conjugal  and  paternal  relations  his  life  was  ideal. 
In  the  midst  of  a  busy  career,  burdened  with  heavy 
responsibilities,  and  filled  with  ambition  for  high 
achievement  in  his  profession,  he  yet  found  time  to 
render  to  parents,  to  wife  and  to  children,  the  fullest 
measure  of  affection  and  companionship.  In  this 
grasping  age,  when  the  greed  of  fame  or  fortune  so 
often  dries  up  that  side  of  a  man,  this  constant 
devotion  to  the  homely  ties  deserves  more  than  pass- 
ing notice.  It  outlines  the  rounded  completeness  of 
our  dead  friend's  character. 


36 

In  the  daily  relations  with  his  fellow-men,  he  was 
always  the  genial  gentleman.  His  nature  was  full  of 
human  interest,  and  he  never  repelled  the  genuine 
advances  of  his  fellows.  This  kindly  interest  in 
others  induced  a  tax  on  his  time,  which  was  cheer- 
fully paid,  and  which  accentuated  his  capacity  for 
accomplishment.  To  his  associates  in  professional 
work  he  was  the  most  considerate  and  helpful  of 
men,  and  the  writer  of  this  sketch,  who  had  the 
benefit  and  pleasure  of  an  association  with  him  for 
an  all  too  short  a  period  of  over  five  years,  mourns 
his  loss  as  that  of  a  great  and  good  teacher. 

And  now  he  is  gone — gone  while  the  heart  was 
strong  and  hope  was  young.  The  meaning  of  the 
mystery  of  his  taking  off  is  beyond  our  human  com- 
prehension. We  can  only  bow  to  the  inscrutable 
decree  of  the  Power  that  is ;  and  while  in  our  grief 
there  may  be  unconscious  rebellion  against  the  edict 
we  can  not  understand,  we  find  comfort  in  the  reflec- 
tion that  he  whom  we  knew  honored  this  Rfe,  and 
was  worthy  of  the  life  that  is  beyond. 

Robert  Mather. 


CYRUS  MADISON  HAWLEY  was  born  on  the 
27th  day  of  January,  in  the  year  1815,  in 
Cortland  County,  in  the  State  of  New  York.  His 
ancestors  were  of  Norman  origin,  and  resided  in 
Derbyshire,  England.  The  first  of  the  family  that 
came  to  America  was  Joseph  Hawley,  who  arrived  in 
Boston,  Massachusetts,  in  1640,  and  was  accompanied 
by  his  brothers  Francis  and  Jonathan.  Joseph 
Hawley  settled  in  Stratford,  Connecticut ;  one  of  his 
descendants  was  Major  Hawley,  of  the  Continental 
Army  during  the  War  of  the  Revolution.  Another 
descendant,  who  served  as  a  Continental  officer,  was 
Captain  Francis  Hawley,  the  great-grandfather  of 
Cyrus  Madison  Hawley.  Another  member  of  this 
family  was  Governor  Charles  Hawley,  of  Stamford, 
Connecticut. 

The  father  of  the  subject  of  this  sketch  was  Lewis 
Hawley,  born  February  5,  1778,  who  married  Sarah 
Tanner,  of  Newport,  Rhode  Island,  and  settled  in 
Cortland  County,  New  York.  He  was  related  to 
General  Joseph  R.  Hawley,  who  was  elected  to  the 
United  States  Senate  from  Connecticut. 

Cyrus  M.  Hawley  married  a  Miss  Fellows,  daughter 
of  Hon.  Henry  Fellows,  of  Monroe  County,  New 


38 

York.  She  was  a  granddaughter  of  General  John 
Fellows,  of  the  Continental  Army,  who  commanded 
a  brigade  at  the  battle  of  Saratoga.  A  son  and  a 
daughter  were  born  to  them,  who  still  survive,  the 
daughter  now  being  Mrs.  Charles  Bamford.  Mrs. 
Hawley  died  many  years  ago,  and  in  1893  Judge 
Hawley  married  Annie  Loomis,  who  now  survives 
him. 

Cyrus  Madison  Hawley  was  nominated  as  a  can- 
didate for  Congress  in  1846  against  Judge  Duer  and 
General  Huff,  but  Judge  Duer  was  elected  by  a 
majority  of  about  three  hundred. 

Mr.  Hawley  came  to  Chicago  in  1847 ;  he  was 
admitted  to  the  Bar  of  the  State  in  1849,  and  to  the 
Bar  of  the  Supreme  Court  of  the  United  States  in 
1862.  He  engaged  in  the  active  practice  of  the  law, 
and  became  associated  in  business  with  Hon.  Lyman 
Trumbull  and  George  Trumbull.  For  many  years 
he  enjoyed  a  fine  and  lucrative  practice,  numbering 
among  his  clients  many  of  the  leading  business  firms 
of  Chicago. 

While  he  was  closely  devoted  to  his  profession,  he 
nevertheless  took  an  active  interest  in  all  public 
affairs.  At  the  outbreak  of  the  Great  Rebellion,  when 
the  necessity  for  an  increase  in  the  currency  became 
imperative,  he  wrote  a  series  of  articles  for  the  public 
press  under  the  nom  de  plume  of  "  Madison,"  advo- 
cating the  duty  and  the  right  of  the  Government  to 


39 

issue  United  States  Treasury  Notes  to  meet  the  im- 
mediate necessities  of  the  administration  caused  by 
the  emergencies  of  warfare.  These  articles  attracted 
much  attention,  and  served  a  most  useful  purpose  by 
shaping  the  public  sentiment  in  favor  of  a  measure 
of  vital  importance.  He  also  wrote  many  articles 
demonstrating  the  fallacy  of  the  claims  of  the  Seces- 
sionists in  the  South,  and  their  sympathizers  in  the 
North,  that  the  Southern  States  had  the  right  to  with- 
draw whenever  they  pleased  so  to  do.  These  clear 
and  logical  presentations  of  the  principles  involved 
in  the  contention  contributed  materially  to  the  right 
understanding  by  the  body  of  the  people  of  the  vexed 
questions  which  had  been  so  much  beclouded  by 
prejudice  and  misrepresentations.  During  the  entire 
struggle  for  the  preservation  of  the  Union  he  con- 
tinued to  present  to  the  people  through  the  public 
press  such  sound  reasons  and  lucid  demonstrations 
in  support  of  the  various  measures  adopted  by  the 
Government  for  its  maintenance  that  the  despondent 
were  encouraged,  the  doubters  convinced,  and  the 
depressing  influence  of  the  dark  days  of  the  Rebellion 
so  largely  overcome,  that  it  may  be  truly  said  of  him 
that  he  served  his  country  more  effectively  with  his 
pen  than  he  ever  could  have  done  by  the  sword  if  he 
had  joined  the  armed  defenders  of  the  Union. 

On  April  15,  1869,  he  was  appointed  a  Justice  of 
the  Supreme  Court  of  Utah.     Soon  after  his  arrival 


40 

in  Utah  he  was  present  at  a  reception  given  by  Mr. 
and  Mrs.  F.  H.  Head  to  Hon.  William  H.  Seward. 
Brigham  Young  was  also  present.  When  Justice 
Hawley  was  made  acquainted  with  Brigham  Young, 
the  Chief  of  the  Mormons  assumed  an  air  of  impe- 
rious dignity  as  he  extended  his  hand  and  said  in  a 
dramatic  manner,  "  Sir,  I  hope  you  have  not  come 
here,  as  other  Judges  have  done,  to  persecute  my 
people."  Justice  Hawley,  with  quiet  courtesy,  re- 
plied, "  Sir,  I  have  not  come  to  persecute  the  people 
of  Utah,  but  to  administer  the  law  as  I  find  it." 
This  was  the  only  time  that  they  ever  met,  except 
when  Young  appeared  in  court  as  a  party  defendant. 
One  of  the  earliest  of  the  judicial  decisions  of 
Judge  Hawley  was  that  in  which  he  reversed  the 
former  decisions  of  the  District  and  Supreme  Courts 
in  which  the  right  had  been  conceded  to  the  Legis- 
lature of  the  Territory  of  passing  enactments  extend- 
ing the  jurisdiction  of  the  Probate  Courts,  so  as  to 
include  common  law  and  chancery  proceedings.  An 
appeal  from  this  decision  was  taken  to  the  Supreme 
Court  of  the  United  States,  where  Judge  Hawley 's 
decision  of  reversal  was  sustained.  His  opinion  in 
this  proceeding  gave  rise  to  active  hostilities  towards 
him  on  the  part  of  the  Mormon  officials,  and  the 
Mormon  press  was  very  bitter  in  its  attacks  upon 
him.  This  hostility  and  newspaper  opposition  to 
him  continued  after  the  Supreme  Court  of  the  United 


41 

States  had  sustained  his  action.  Under  the  influence 
of  the  Mormon  power  Judge  Murdock  of  the  Probate 
Court  resumed  his  jurisdiction  in  common  law  and 
chancery  in  open  defiance  of  the  Supreme  Court  of 
the  United  States.  This  action  was  brought  to  the 
knowledge  of  Judge  Hawley  by  an  information; 
upon  a  full  hearing  in  the  matter  he  issued  a  writ  of 
prohibition  against  Probate  Judge  Murdock.  This 
action  caused  further  opposition  from  the  Mormon 
powers,  and  more  spiteful  attacks  by  the  Mormon 
press  soon  after. 

A  regiment  of  Mormon  militia  assumed  a  position 
of  hostility  to  the  government,  and  began  to  commit 
acts  of  rebellion.  The  Governor  of  the  Territory 
applied  to  Judge  Hawley  in  a  proceeding  charging 
rebellion.  Whereupon  the  Court  issued  a  writ  to 
the  United  States  Marshal  commanding  the  arrest  of 
the  officers  who  had  committed  the  acts  complained 
of.  This  caused  much  excitement  in  Mormon  circles. 
When  the  officers  who  had  committed  the  rebellious 
acts  were  arrested  by  the  United  States  Marshal,  an 
excited  and  angry  crowd  of  many  thousands  assem- 
bled around  the  Court,  and  by  threats  and  efforts  of 
an  intimidating  nature  attempted  to  prevent  the 
further  action  of  the  Court,  but  in  spite  of  the 
threatening  demonstrations  the  prisoners  were  held 
to  the  Grand  Jury.  They  refused  to  give  bail,  and 
were  thereupon  remanded  to  custody,  and  were  held 


42 

by  the  Marshal  in  spite  of  the  threats  of  the  Mor- 
mons. 

One  of  the  most  dramatic  events  which  occurred 
during  his  occupancy  of  the  Supreme  Court  bench  in 
Utah  Avas  the  conviction  and  execution  of  one  of  the 
Mormon  officials  who  had  been  the  leader  in  the 
Mountain  Meadow  massacre  which  had  taken  place 
many  years  previously,  but  the  offenders  had  never 
been  punished,  and  the  Mormon  power  was  so  great 
that  no  Federal  officials  had  ever  been  able  to  reach 
the  offenders. 

The  Mountain  Meadows  lie  in  a  beautiful  valley  of 
the  Sierras  in  Utah,  some  distance  south  of  the  Great 
Salt  Lake.  The  streams  that  feed  the  Rio  Virgin 
rise  here,  amid  luxuriant  grass  and  brilliant  wild 
flowers. 

In  the  midst  of  this  scene  of  verdure  and  floral 
beauty  rises  a  rough  pile  of  stones,  surmounted  by  a 
rude  cross  bearing  the  inscription  :  "  Vengeance  is 
Mine  and  I  will  repay,  saith  the  Lord." 

A  strange  sight  in  such  a  peaceful  spot,  but  a 
stranger  still  was  the  fearful  massacre  that  they  com- 
memorate. No  fouler  crime  ever  disgraced  the 
annals  of  any  country  than  that  perpetrated  by  the 
Mormons  in  this  valley  of  flowers. 

Early  in  the  summer  of  1857  a  large  emigrant 
train  left  the  Missouri  River  to  march  overland  to 
California.  They  carried  their  wives  and  children 


43 

in  their  wagons,  and  drove  large  herds  of  cattle. 
Their  progress  was  slow  and  wearisome.  They  were 
well  equipped  and  fully  armed,  as  they  expected  to 
pass  through  regions  occupied  by  hostile  Indians. 
As  many  of  the  party  came  from  that  portion  of  the 
State  of  Missouri  from  which  the  Mormons  had  been 
previously  expelled,  they  naturally  had  a  decided 
prejudice  against  the  Latter-Day  Saints.  One  of  the 
conspicuous  advocates  of  polygamy  in  early  days 
was  Mr.  Pratt,  who  was  one  of  the  "  Twelve 
Apostles  "  of  the  Mormon  Church.  He  induced  a 
Mrs.  McLean  to  desert  her  husband  in  Arkansas  and 
elope  with  him  to  Utah  as  one  of  his  wives.  She 
pined  for  the  children  she  had  deserted,  and  per- 
suaded Pratt  to  go  back  to  Arkansas  to  obtain  them 
for  her.  There  he  was  killed  by  the  outraged  hus- 
band and  his  friends.  Among  the  emigrants  in  this 
train  were  quite  a  number  of  families  that  came  from 
the  immediate  vicinity  in  which  the  McLean  episode 
occurred.  This  came  to  the  knowledge  of  the  Mor- 
mon officials,  and  preparations  were  commenced  for 
a  hostile  reception  of  the  emigrant  train.  Spies  were 
sent  to  watch  the  movements  of  the  train,  and  the 
Mormons  were  forbidden  to  furnish  any  supplies  to 
the  emigrants.  Brigham  Young  was  the  head  of  the 
Mormon  Church.  He  had  organized  a  military  force 
which  was  called  the  Nauvoo  Legion.  Such  com- 
panies of  this  organization  as  were  considered  to  be 


44 

most  suitable  for  this  service  were  detailed  for  duty, 
and  the  captains  were  ordered  to  operate  against  the 
emigrants.  They  came  upon  them  just  as  the  train 
had  entered  the  valley  and  encamped  for  the  night 
on  the  Mountain  Meadow.  A  portion  of  the  Nauvoo 
Legion,  painted  and  disguised  as  Indians,  occupied 
the  high  ground  surrounding  the  camp. 

At  the  first  glimmer  of  dawn  the  guards  of  the 
emigrants'  camp  discerned  the  dark  forms  moving 
on  the  surrounding  hills  and  gave  the  alarm,  believ- 
ing that  they  were  attacked  by  Indians.  With  great 
promptness  the  emigrants  wheeled  their  wagons  into 
close  order  in  an  oblong  corral,  then  with  shovels 
and  picks  threw  up  a  breastwork  of  earth  against  the 
wagon  wheels.  This  was  done  so  quickly  that  the 
plan  of  the  attacking  party  was  frustrated,  though 
seven  of  the  emigrants  were  killed  and  fifteen 
wounded  by  the  fire  of  the  attacking  force  while 
thus  fortifying  their  position.  The  Mormons  then 
threw  up  breastworks  on  the  surrounding  hillsides, 
and  kept  up  a  continuous  fire  on  the  emigrants 
during  the  ensuing  day,  which  was  returned  with 
spirit.  The  cattle  and  stock  inside  the  corral  were 
shot  down,  and  the  main  herd  outside  was  stam- 
peded by  the  Mormons.  The  besieged  emigrants 
soon  began  to  suffer  from  thirst.  A  stream  of  pure 
water  ran  within  a  few  rods  of  the  intrenchments. 
Every  attempt  to  reach  the  water  drew  the  fire  of 


45 

the  sharp-shooters  on  the  hillsides.  A  woman  who 
ventured  out,  in  her  distress  for  water,  was  riddled 
with  bullets,  and  two  little  children  who  attempted 
to  reach  the  water  were  also  shot  by  the  besiegers. 
For  seven  days  the  gallant  defenders  held  out  against 
the  greatly  superior  numbers.  They  sent  out  three 
brave  fellows  who  volunteered  to  make  their  way 
through  the  besiegers'  lines,  to  try  and  obtain  relief 
from  some  source.  All  bore  letters  explaining  their 
distressing  situation,  stating  the  names,  professions 
and  number  of  the  emigrants,  but  all  three  of  the 
couriers  were  captured  and  killed.  The  besiegers, 
finding  that  they  could  not  capture  the  emigrants 
by  fair  means,  resorted  to  strategy.  A  train  was 
seen  by  the  eager  emigrants  coming  down  the  valley, 
waiving  a  white  flag.  The  besieged  embraced  each 
other,  in  their  joy  at  the  apparent  deliverance,  and 
rushed  out  to  meet  their  supposed  friends,  who 
proved  to  be  an  armed  body  of  the  Mormon  militia, 
led  by  John  D.  Lee,  a  Bishop  of  the  Mormon  Church, 
and  a  Major  of  the  Nauvoo  Legion.  They  carried 
the  United  States  flag,  and  the  emigrants  fondly 
believed  that  under  its  folds  they  were  safe.  Lee 
spoke  kindly  and  assuringly  to  them — saying  that 
he  would  confer  with  the  besieging  force — then  with- 
drew to  do  so.  He  soon  returned,  saying  that  the 
besiegers  would  withdraw  if  the  emigrants  would  lay 
down  their  arms  and  march  out.  As  they  were 


46 

induced  to  believe  they  would  be  protected  by  Lee's 
force,  they  consented  to  this.  An  armed  guard  was 
formed  for  their  protection.  The  men  were  first 
marched  out,  then  the  women,  and  after  them  the 
children.  Suddenly  the  troops  were  ordered  to  halt. 
Then  John  D.  Lee  gave  the  order  to  fire.  Volley 
after  volley  was  fired  by  the  troops  upon  the  unarmed 
men,  women  and  children,  until  all  of  the  emigrant 
party  but  a  few  children  were  killed.  The  number 
thus  massacred  was  one  hundred  and  thirty-three. 
Twenty-two  had  been  killed  previously. 

Two  months  afterwards  the  spoils  taken  from  the 
emigrants'  camp  were  sold  at  public  auction.  Bishop 
John  M.  Higbee,  of  the  Mormon  church,  acted  as 
auctioneer.  Some  of  the  children  that  survived 
afterwards  saw  the  dresses  of  their  massacred  moth- 
ers worn  by  wives  of  the  Mormons. 

In  the  following  year  United  States  troops  occupied 
Salt  Lake  City,  and  diligent  search  was  made  for  evi- 
dence against  those  responsible  for  the  Mountain 
Meadow  massacre,  but  without  success.  The  efforts 
to  bring  the  offenders  to  justice  were  ineffectual  until 
Judge  Hawley  went  to  Utah.  When  he  became  Jus- 
tice of  the  Supreme  Court,  he  took  such  efficient 
measures  in  the  matter  that  John  D.  Lee  was  soon 
indicted,  tried,  and  condemned  to  death.  He  was 
shot  at  Mountain  Meadow,  on  the  exact  scene  of  the 
massacre,  on  March  23,  1872. 


47 

Bishop  Lee  made  a  confession  before  his  death,  in 
which  he  intimated  that  those  high  in  authority  in 
the  Mormon  church  not  only  ordered  the  massacre, 
but  suggested  the  treacherous  decoying  of  the  victims 
out  of  their  entrenchments. 

The  efficient  enforcement  of  tardy  justice  in  this, 
and  other  similar  matters,  caused  the  officials  of  the 
Latter  Day  Saints  to  feel  very  bitterly  toward  Judge 
Hawley.  At  the  close  of  the  judicial  term  of  office 
of  Justice  Hawley,  the  Mormon  press,  which  had 
been  so  severe  in  its  antagonism  to  him,  concerning 
his  judicial  acts,  candidly  praised  him  for  his  judicial 
ability,  fearlessness  and  honesty,  while  they  persisted 
in  accusing  him  of  being  prejudiced  against  their 
religious  belief. 

Just  prior  to  his  departure  for  the  East,  he  was  the 
recipient  of  a  complimentary  banquet,  given  by  the 
Bar  of  the  territory,  on  April  11,  1873,  at  the  Walker 
House,  Salt  Lake  City.  The  officers  of  the  United 
States  Army,  stationed  at  Camp  Douglas,  also  par- 
ticipated in  the  offering  of  this  courtesy  to  Justice 
Hawley.  The  Mormon  press,  in  their  notices  of  the 
banquet,  say :  "  While  Judge  Hawley  has  been  on 
the  bench  of  the  United  States  Court  in  Utah,  he  has, 
by  his  ability,  integrity  and  professional  learning, 
added  lustre  to  its  history.  He  has  ever  been  a 
laborious,  studious  and  attentive  jurist,  with  a  happy 
faculty  of  dispatching  business,  and  his  opinions  have 


48 

always  been  marked  with  candor,  clearness,  and  com- 
prehensive thought.  On  his  retirement  from  the 
bench  it  was  eminently  fit  that  the  Bar  should  unite 
in  testifying  their  regard  for  the  Judge  as  a  jurist 
and  gentleman.  We  shall  not  soon  find  a  gentleman 
who  can  worthily  fill  his  place." 

Upon  his  return  to  Washington,  D.  C.,  he  resumed 
the  practice  of  his  profession,  and  formed  a  partner- 
ship with  Hon.  A.  G.  Riddle,  under  the  firm  name 
of  Hawley  &  Riddle.  The  practice  of  this  firm  was 
confined  to  the  Supreme  Court  of  the  United  States, 
and  to  the  Department  of  State. 

Close  confinement  to  his  professional  duties  caused 
an  impairment  of  his  health,  and  in  1879  he  retired 
from  active  practice,  and  came  to  Chicago,  settling  in 
Hyde  Park.  He  was  elected  the  president  of  the 
Philosophical  Society  there,  and  he  became  a  promi- 
nent member  of  the  Old  Tippecanoe  Club,  formed  in 
1888,  composed  of  persons  who  had  voted  for  William 
Henry  Harrison  in  1840.  It  was  a  very  remarkable 
organization,  as  its  members  were  necessarily  veter- 
ans of  advanced  age,  ranging  from  sixty-five  to  nearly 
ninety  years,  and  several  hundred  in  number,  embrac- 
ing in  its  ranks  many  of  the  most  eminent  and 
respected  citizens  of  Chicago.  The  objects  of  the 
club  were  patriotic,  and  one  of  its  first  acts  was  the 
preparation  and  publication  of  an  address  to  the 
young,  advocating  a  higher  standard  of  citizen- 


49 

ship.  The  bond  of  sympathy  uniting  the  members 
proved  enduring,  and  increased  with  the  lapse  of 
time,  as  the  ranks  were  gradually  reduced  in  num- 
bers by  the  passing  away  of  those  most  advanced 
in  age. 

When  Judge  Hawley's  death  occurred,  the  veterans 
of  the  club  attended  as  a  guard  of  honor,  and  their 
devotion  to  their  deceased  companion  was  quite 
pathetic. 

When  Cyrus  Madison  Hawley  commenced  his 
career  as  a  member  of  the  Bar  he  soon  attained  a 
prominent  position  in  the  profession  by  the  force  of 
his  natural  talents  and  diligence.  When  the  dark 
days  of  the  Rebellion  made  the  fate  of  the  Union  a 
matter  of  doubt  to  many,  his  clear  perception  and 
strong  patriotism  made  the  path  of  duty  and  the 
means  of  success  clear  to  him,  and  enabled  him  to 
guide  and  inspire  the  desponding  ones.  When  he 
was  elevated  to  the  bench  his  fearlessness  in  the  face 
of  intimidation,  as  well  as  the  impartiality  and 
ability  of  his  judicial  acts,  won  from  those  who 
were  opposed  to  him  politically  and  socially  frank 
admissions  of  admiration. 

When  he  retired  to  private  life  his  leisure  was 
devoted  to  efforts  in  the  direction  of  promoting 
patriotism  among  his  fellow-citizens.  His  career 
may  well  be  pointed  to  as  a  fine  example  of  what 
the  ideal  American  citizen  should  be,  and  his 


50 

uprightness  as  a  jurist  should  serve  as  an  example 
and  an  incentive  to  the  aspiring  members  of  the 
legal  profession. 

Horatio  L.    Wait. 


TTON.  BURTON  CHAUNCEY  COOK,  who  for 
-*r4»  over  a  half  century  held  a  conspicuous  place 
in  our  profession,  died  at  his  home  in  Evanston  on 
the  18th  day  of  August  last. 

Mr.  Cook  was  born  at  Pittsford,  Monroe  County, 
New  York,  on  the  llth  day  of  May,  1819.  He  was 
the  son  of  Rev.  Chauncey  Cook  and  Almira  Hollister 
Cook.  His  father  was  a  Congregational  clergyman, 
and  one  of  the  early  pioneers  in  Northern  Illinois, 
having  organized  a  church  of  his  denomination  in 
Aurora  in  1835,  to  whom  he  preached  acceptably  for 
several  years,  removing  from  there  to  Ottawa,  where 
he  held  his  last  pastoral  charge. 

Mr.  Cook  received  his  early  education  in  the  com- 
mon schools  of  the  place  of  his  birth,  which  was 
supplemented  by  a  few  terms  at  the  Rochester  Semi- 
nary. He  came  west  in  1836,  and  soon  after  began 
the  study  of  the  law  with  Hon.  T.  L.  Dickey,  first  at 
Hennepin,  and  afterwards  at  Ottawa,  to  which  latter 
place  Judge  Dickey  removed. 

After  a  careful  course  of  reading  Mr.  Cook  was 
admitted  to  the  Bar  on  the  1st  day  of  May,  1840. 
The  late  Hon.  Joseph  O.  Glover  was  admitted  to  the 
Bar  at  the  same  time;  and  he  and  Mr.  Cook  very 


52 

soon  afterwards  formed  a  copartnership  under  the 
firm  name  of  Glover  &  Cook,  which  continued  until 
about  1870. 

From  his  entrance  upon  the  practice  of  his  pro- 
fession Mr.  Cook  gave  promise  of  the  high  position 
he  soon  attained.  He  was  studious  and  untiring  in 
the  preparation  of  his  cases,  as  they  came  to  him, 
and  showed  himself  apt  and  ready  as  well  as  honest 
in  his  methods. 

His  entrance  to  the  profession  was  during  what 
may  be  properly  called  the  formation  stage  of  the 
law  in  our  State.  Between  1833  and  1840  an  im- 
mense immigration  had  poured  into  the  northern 
part  of  Illinois,  mainly  from  New  England,  New 
York  and  Ohio,  but  with  generous  contributions 
from  Pennsylvania,  Virginia  and  Kentucky;  and 
with  this  tide  of  farmers,  mechanics  and  merchants 
came  also  a  plentiful  supply  of  lawyers  and  other 
professional  men,  mostly  young  and  ambitious  to 
achieve  name  and  place  in  their  chosen  vocation. 
They  brought  with  them  more  thorough  methods  of 
preparation  and  trial  in  their  cases  than  had  pre- 
vailed during  our  territorial  and  early  statehood 
periods,  and  compelled  closer  study  and  analysis  of 
the  law. 

At  the  time  Mr.  Cook  came  to  the  Bar,  La  Salle 
county  was  in  what  was  then  known  as  the  Ninth 
Circuit,  which  included  ten  populous  and  growing 


53 

counties  extending  along  the  Illinois  and  Fox  rivers, 
from  Peoria  to  Kane,  including  both;  and  located 
within  this  circuit  was  a  large  number  of  the  best 
lawyers  who  have  adorned  the  Bar  of  this  State. 
The  list  included  such  men  as  Purple  and  Manning, 
of  Peoria ;  Dickey,  Champlin,  and  Hors,  of  Ottawa ; 
Buckingham,  of  Kendall ;  Plato  and  Dodge,  of  Kane. 
In  fact,  nearly  every  county  of  the  circuit  had  within 
it  one  or  more  active,  pushing  young  lawyers,  many 
of  whom  achieved  high  reputations  in  their  pro- 
fession. 

At  this  time  nearly  all  the  lawyers  "  traveled  the 
circuit,"  that  is,  followed  the  Judge  from  county  to 
county  around  his  circuit,  and  thus  the  ablest  law- 
yers met  in  nearly  every  county  where  a  court  was 
held. 

Mr.  Cook  had  the  full  benefit  of  the  experience 
and  training  which  came  from  this  Circuit  Court 
practice.  There  were  then  but  few  books  to  refer  to 
as  authority,  and  the  lawyers  were  obliged  to  draw 
chiefly  upon  their  knowledge  of  general  principles, 
and  apply  them  upon  the  spur  of  the  moment  to  the 
questions  which  arose  on  the  trial  of  their  cases.  It 
was  this  kind  of  practice  which  made  ready  lawyers 
who  could  call  all  their  resources  at  once  into  use, 
and  by  this  kind  of  experience  Mr.  Cook  profited 
and  grew  with  the  best.  He  had  a  natural  aptitude 
for  the  discussion  of  legal  questions.  His  reading  in 


54 

the  line  of  his  profession  had  been  copious.  His 
mind  was  receptive  and  discriminating,  and  he  was 
gifted  with  a  marvelous  memory.  In  the  extempore 
discussions  as  to  what  principles  or  rules  of  law 
should  be  applied  to  a  given  fact,  or  combination  of 
facts,  he  was  always  able  and  lucid,  winning  the  con- 
fidence and  respect  of  the  Judges  by  his  learning  and 
candor,  and  of  his  antagonists  by  his  fairness  and 
courtesy.  It  may  be  truthfully  said  of  him  that  but 
few,  if  any,  of  his  contemporaries  were  more  successful 
than  he  in  securing  verdicts  or  in  sustaining  them 
on  appeal.  Being  a  learned  and  careful  pleader,  his 
cases  were  invariably  put  properly  on  paper. 

In  1846  he  was  elected  by  the  Legislature  to  the 
office  of  Circuit  Attorney  for  the  Ninth  Circuit,  and 
held  the  office  until  1852.  As  public  prosecutor,  in 
this  large  field,  he  was  able  and  fearless,  meeting 
with  great  tact,  learning  and  sound  judgment  all  the 
different  and  at  times  delicate  duties  of  his  important 
office. 

In  1852  he  became  professionally  connected  with 
the  organization  of  the  Rock  Island  and  Chicago 
Railroad  Company,  and  continued  in  this  relation 
till  1870.  It  Avas  during  his  connection  with  this 
road  that  important  and  then  comparatively  new 
questions  arose  as  to  the  right  to  bridge  the  Mississippi 
River — it  being  contended  on  the  part  of  the  steam- 
boat interests  that  this  great  inter-state  water-way 


55 

could  not  be  lawfully  obstructed  by  a  bridge — and 
in  the  litigation  growing  out  of  this  controversy 
Mr.  Cook,  with  Abraham  Lincoln,  N.  B.  Judd  and 
Joseph  Knox  represented  the  railroad  company, 
while  T.  D.  Lincoln,  of  Cincinnati,  J.  0.  Broadhead 
and  Samuel  T.  Glover,  of  St.  Louis,  and  Samuel  F. 
Miller,  of  Iowa,  who  later  became  one  of  the  great 
Justices  of  the  Supreme  Court  of  the  United  States, 
represented  the  opposition. 

In  this  struggle  Mr.  Cook  bore  a  leading  part,  and 
fully  sustained  himself  alongside  his  distinguished 
associates.  The  test  case,  known  as  the  "  Erne  Afton 
Case,"  was  heard  in  the  United  States  Circuit  Court 
at  Chicago  in  the  fall  of  1859,  before  Judges  McLean 
and  Drummond,  and  resulted  in  a  decision  sustaining 
the  right  to  bridge  the  river,  provided  the  bridge  did 
not  materially  and  unnecessarily  obstruct  navigation. 

As  attorn ey  for  the  same  company,  Mr.  Cook  also 
took  an  active  and  leading  part  in  the  early  cases 
before  the  courts  of  this  State,  which  largely  denned 
and  settled  the  rights,  duties  and  liabilities  of  rail- 
road companies  under  the  common  and  statute  law 
of  this  State. 

In  1871  he  was  appointed  General  Solicitor  of  the 
Chicago  and  North -Western  Railway  Company, 
which  place  he  filled  ably  and  acceptably  until  1885, 
when  his  failing  health  compelled  his  resignation; 
since  which  time  he  has  sought  no  active  profes- 


56 

sional  employment,  but  has  devoted  his  time  to  read- 
ing, his  social  duties  and  the  care  of  his  estate. 

These  responsible  places  to  which  Mr.  Cook  was 
called,  coupled  with  the  well-known  fact  that  rail- 
way companies  invariably  seek  and  secure  the  ser- 
vices of  the  very  best  lawyers,  are  ample  and 
significant  testimonials  to  his  acknowledged  rank 
and  standing  in  his  profession. 

But  Mr.  Cook  was  not  a  mere  lawyer.  He  took 
an  active  interest  in  public  and  political  affairs — was 
elected  to  the  State  Senate  in  1852,  and  remained  a 
member  of  that  body  till  1859.  He  took  a  high 
place  in  the  Senate  as  an  able  debater  and  a  broad- 
minded,  judicious  legislator.  He  was  especially 
influential  and  efficient  in  framing  and  advocating 
the  passage  of  the  first  free  school  law  of  this  State, 
and  which  is  the  basis  of  our  present  free  school 
system. 

In  the  winter  of  1861,  after  the  election  of  Mr. 
Lincoln  to  the  Presidency,  and  after  secession  and 
civil  war  became  imminent,  Mr.  Cook  was  one  of 
the  five  commissioners  appointed  to  represent  this 
State  in  the  Peace  Convention,  which  met  in  Wash- 
ington, and  made  an  earnest  but  ineffectual  effort  to 
reconcile  the  disaffected  States  and  avert  a  civil  war. 

In  1864  he  was  elected  to  Congress  from  the  Ottawa 
district,  and  was  three  times  successively  re-elected 
to  the  same  responsible  office. 


57 

It  was  during  his  Congressional  career  that  all  the 
re-construction  measures  and  other  important  legis- 
lation consequent  upon  the  close  of  our  civil  war 
were  enacted,  and  in  these,  as  well  as  in  the  leading 
events  of  that  critical  period  in  our  history,  he 
proved  himself  equal  to  all  the  demands  made  upon 
him. 

He  was  the  devoted  and  intimate  friend  of  Presi- 
dent Lincoln,  and  enjoyed  the  unreserved  confidence 
of  that  remarkable  man  ;  and  was  fully  in  sympathy 
and  accord  with  his  patriotic  spirit  and  policy. 

In  June,  1848,  Mr.  Cook  was  married  to  Miss 
Elizabeth  Hart,  the  youngest  daughter  of  Hon.  Orris 
Hart,  of  Oswego,  New  York,  and  his  wedded  life  was 
in  all  respects  a  happy  and  pleasant  one.  He  was 
pre-eminently  domestic  in  his  tastes  and  habits,  and 
delighted  most  in  his  home,  which  was  a  model  of 
conjugal  and  parental  love  and  affection.  They  had 
but  one  child,  Ellen  E.  Cook,  who  became  the  wife 
of  Charles  H.  Lawrence,  one  of  the  promising  young 
lawyers  of  Chicago.  Both  the  wife  and  daughter 
died  several  years  ago. 

Early  in  life  Mr.  Cook  identified  himself  with  the 
cause  of  religion  by  uniting  with  the  Presbyterian 
Church ;  and  while  always  an  ardent  and  consistent 
member  of  that  body  of  professed  Christians,  he  had 
at  all  times  a  liberal  sympathy  with  all  who 
were  either  individually  or  collectively  interested 


in  the  teaching  and  practice  of  religious   life  and 
conduct. 

He  was  scholarly  in  his  tastes  and  habits,  and  read 
much  in  the  fields  of  poetry,  literature  and  history. 
His  life  was  a  constant  exhibition  of  kindness, 
courtesy  and  helpfulness  toward  his  fellows. 

To  those  who  knew  him  well  perhaps  the  one 
trait  of  his  character  which  showed  most  promi- 
nently was  loyalty.  He  was  loyal  to  his  friends,  to 
his  profession,  to  his  clients,  to  his  country,  and  to 
his  Christian  faith. 

Living,  as  he  did,  in  an  era  of  events  which  have 
already  become  historic,  he  did  his  full  share  in  con- 
trolling and  shaping  the  course  of  those  events,  and 
was  always  an  active  force  for  right  and  justice.  He 
loved  and  honored  his  profession,  and  it  is  fitting 
that  this  Association  honor  him  with  this  brief 
tribute  to  his  memory. 

Henry  W.  Blodgett. 


WILLIAM  E.  CLARKE,  JR.,  after  bravely  com- 
batting a  lingering  illness  at  home  and  in 
distant  climates,  died  at  the  residence  of  his  parents 
in  Chicago,  October  6,  1894,  aged  27  years.  After 
passing  through  the  public  schools  of  Chicago,  the 
place  of  his  nativity,  he  entered  Amherst  College  in 
1885,  from  which  he  was  graduated  in  1889. 

His  devotion  to  his  studies  placed  him  among  the 
leaders  of  his  class,  but  did  not  curtail  his  disposi- 
tion to  good  fellowship,  a  marked  characteristic  with 
him  at  all  times ;  and  this  disposition,  together  with 
what  he  considered  a  robust  constitution,  made  him 
also  a  noted  leader  in  field  athletic  contests  with  rep- 
resentatives of  other  colleges,  wherein  his  part  was 
not  a  minor  one  in  gathering  fame  for  his  alma  mater, 
whose  reputation  he  dearly  cherished  in  all  of  her 
varied  interests. 

His  disposition  toward  public  life,  coupled  with  an 
unusual  gift  of  oratory  and  fondness  for  study,  led 
him  to  prepare  for  the  legal  profession,  which  he  did 
by  entering  the  law  office  of  Pedrick  &  Dawson  in 
1890  and  concurrently  attended  upon  the  law  lectures 
of  the  Northwestern  University  Law  School,  from 
which  he  was  graduated  in  1892,  and  was  shortly 


60 

thereafter  admitted  to  the  Bar,  where  he  had  excellent 
success  for  one  so  young,  and  one  year  later  became 
a  member  of  the  law  firm  of  Pedrick,  Dawson  & 
Clarke. 

In  politics  Mr.  Clarke  was  an  active  and  ardent 
Republican  from  a  very  love  of  the  party  as  it  seemed 
to  the  writer,  in  social  life  a  favorite,  and  in  daily 
life  an  honest  man,  and  ambitious  for  well-doing  in 
all  things. 

Isaac  H.  Pedrick. 


~\  /TA  JOR  WILLIAM  M.  LUFF,  long  a  member  of 
-»-*-L  this  Bar,  died  suddenly  and  painlessly  on  the 
9th  day  of  October,  1894.  His  manhood  life,  except 
more  than  four  years  devoted  to  the  service  of  his 
country,  was  spent  with  us.  We  therefore  knew 
him  as  well  as  we  can  know  one  another.  Each  soul 
stands  alone  in  the  great  events  of  its  life.  No  mat- 
ter how  much  we  may  be  aided  by  the  advice  of 
friends,  when  the  time  for  choice  comes,  each  man 
must  shut  the  door  of  his  heart  upon  all  the  world, 
and  within  himself  and  upon  his  own  responsibility, 
,  decide  the  question  at  issue.  Hence,  we  can  know 
each  other  but  in  part ;  and  yet,  so  sincere  and  frank 
was  our  departed  brother  and  so  true  was  his  mind 
to  the  commands  of  his  conscience,  that  his  friends 
always  knew  what  he  would  do  under  given  circum- 
stances. 

When  the  Rebellion  came  it  found  him  a  young 
lawyer  employed  in  the  office  of  the  late  Judge  Beck- 
with.  Heeding  the  call  of  duty  he  enlisted  in  the 
Twelfth  Illinois  Cavalry,  and  remained  therein  a 
faithful,  brave  and  patient  soldier  until  the  close  of 
the  war.  It  is  needless  to  follow  him  through  those 
years  of  hardship  and  danger.  In  all  the  history  of 


62 

that  gallant  command  he  did  his  part ;  and  in  so  do- 
ing he  won  the  love  and  confidence  of  his  men  and 
of  his  brother  officers. 

Returning  to  Chicago  when  his  life  as  a  soldier 
was  at  an  end,  he  again  took  up  the  practice  of  the 
law.  The  most  wonderful  thing  following  that  long 
struggle  was  the  quiet  way  in  which  men,  who  for 
years  had  known  neither  peace  nor  productive  labor, 
without  murmuring  and  without  delay,  took  up  the 
burden  of  the  daily  toil  which  our  civilization  im- 
poses upon  every  true  man.  It  was  a  splendid  reve- 
lation of  the  strength  of  the  citizenship,  and  of  the 
unselfishness  of  the  patriotism  of  our  young  men. 

In  1866  the  Major  formed  a  partnership  with  Mr. 
0.  K.  A.  Hutchinson.  This  relation  continued  un- 
broken until  the  death  of  the  latter  in  the  first  half 
of  this  year.  When  the  firm  was  thus  dissolved  it 
was  the  oldest  at  our  Bar.  From  the  first  they  did  a 
large  and  responsible  business.  Their  clients,  among 
whom  was  the  Drexel  estate,  trusted  them  implicitly 
with  the  most  weighty  matters ;  and  that  trust  was 
always  intelligently  and  conscientiously  executed. 
The  most  faithful  servant  in  the  world  is  the  good 
lawyer,  and  Major  Luff  was  among  the  most  faithful 
of  his  profession.  His  knowledge  of  the  law  was 
accurate  and  large.-  Knowing  that  nothing  comes  to 
the  true  lawyer  without  study,  he  labored  incessantly 
and  over-much,  to  the  probable  shortening  of  his  life. 


63 


In  1878  he  married  Louise  M.  Hooker,  the  daugh- 
ter of  James  L.  Hooker,  formerly  of  this  city.  These 
two  had  known  each  other  from  early  childhood. 
Their  marriage  was  truly  a  love  match,  and  that  love 
continued  unabated  until  the  end,  she  preceding 
him  less  than  a  year.  It  was  a  great  pleasure  to  their 
friends  to  see  his  pride  in  his  wife  and  to  note  his 
careful  attention  to  her  slightest  wishes.  He  was 
always  the  lover.  His  home  was  his  world.  When 
she  died  his  ambition  was  buried  with  her.  They 
had  no  children.  He  had,  as  he  thought,  nothing  to 
live  for,  nothing  in  which  he  could  interest  himself; 
and  so  he  died,  sustained,  however,  by  the  Christian's 
hope  that  they  two  should  be  re-united  in  the  world 
beyond. 

Although  his  life  was  a  quiet  one,  home-centered, 
he  took  an  active  interest  in  public  affairs.  His  duty 
as  a  citizen  was  always  performed  cheerfully,  con- 
scientiously and  intelligently.  He  recognized  the 
inequalities  of  life,  and  was  charitable  and  helpful, 
both  with  his  advice  and  with  his  purse,  far  beyond 
the  common  rule.  And  more  than  this,  he  continu- 
ally did  good  by  being  patient  and  by  being  good. 

And  therefore  we  say  unhesitatingly  that  because 
our  brother  did  his  full  duty  as  he  saw  it,  and  cheer- 
fully walked  the  path  laid  out  for  his  feet,  he  de- 
served and  did  receive  the  commendation,  "  Well 
done,  good  and  faithful  servant,  enter  thou  into  the 

joy  of  thy  Lord." 

Farlin  Q.  Ball. 


T)HILIP  A.  HO YNE.  — Philip  A.  Hoyne  was 
-*-  born  of  Irish  parents,  in  the  city  of  New  York, 
on  the  20th  of  November,  1824,  and  died  at  his 
home  in  Chicago,  on  the  3d  day  of  November,  1894. 
He  was  the  third  of  seven  children — three  sons  and 
four  daughters — one  of  whom  only,  a  daughter,  sur- 
vives. 

Mr.  Hoyne  was  a  striking  example  of  what  a  boy 
of  good  character  and  honest  purpose  may  accom- 
plish without  the  aid  of  wealth  or  liberal  education. 
At  the  early  age  of  five  years  he  tasted  the  bitterness 
of  orphanage,  and,  in  absolute  poverty,  in  a  great 
city,  began  the  struggle  of  life ;  his  early  years  were 
spent  in  the  public  schools  of  the  city  of  his  birth, 
and  there,  at  the  age  of  fourteen,  he  became  appren- 
ticed to  a  bookbinder  and  pursued  that  occupation 
until  he  had  in  reserve  sufficient  means 'to  enable 
him,  with  great  economy,  to  come  to  Chicago  and 
begin  the  study  of  law,  in  the  office  of  his  elder 
brother,  the  late  Hon.  Thomas  Hoyne,  who  early 
achieved  distinction  in  his  profession,  with  such 
competitors  as  Caton,  Blodgett,  Trumbull,  Logan, 
Browning  and  Beckwith. 

It  was  in  the  summer  of  1841,  when  Chicago  had 


66 

a  population  of  less  than  five  thousand  people,  that 
the  subject  of  this  brief  sketch  cast  his  lot  with  the 
broad-minded,  earnest  people  who  were  the  founders 
and  promoters  of  the  most  marvelous  municipal 
development  in  the  history  of  the  world ;  but  very 
soon,  under  the  stress  of  hard  times,  he  was  forced 
to  abandon  his  legal  studies  and  seek  employment 
more  immediately  profitable  ;  and,  with  this  end  in 
view,  he  accepted  the  position  of  bookkeeper  in  a 
large  commission  house  in  Galena,  a  town  then 
thought  by  many  to  give  more  promise  of  commer- 
cial importance  than  any  city  in  the  West. 

In  a  short  time,  however,  the  young  man's  keen 
discernment  discovered  greater  possibilities  in  the 
City  by  the  Lake,  and  thither,  in  1844,  he  returned 
as  the  agent  for  the  St.  Louis  Fur  Company,  and 
remained  in  that  employment  for  a  period  of  about 
eight  years.  While  yet  in  the  service  of  the  Fur  Com- 
pany, he  was  elected  Clerk  of  the  Recorder's  Court, 
and  during  the  term  of  his  office,  which  lasted  two 
years,  he  resumed  his  law  studies,  hoping  to  make 
the  law  his  vocation  for  life. 

At  the  age  of  twenty-five,  he  was  married  to 
Theresa  C.  French,  a  lady  of  many  accomplishments, 
with  whom  he  lived  lovingly  for  nearly  half  a  cen- 
tury, and  whom  he  survived  but  a  very  few  months. 

In  January,  1855,  Mr.  Hoyne  was  appointed,  by 
the  late  Judge  Drummond,  United  States  Commis- 


67 

sioner  for  the  Northern  District  of  Illinois,  and  was 
afterwards  appointed  by  the  respective  Governors  of 
the  various  States,  and  of  new  States,  as  they  were 
admitted,  Commissioner  of  Deeds,  so  that,  at  the 
time  of  his  death,  he  held  a  Commission  from  the 
Chief  Executive  of  every  State  in  the  Union,  as  Com- 
missioner of  Deeds.  For  thirty-nine  years,  he  dis- 
charged the  important,  and  ofttimes  difficult,  duties 
of  his  judicial  office  with  such  promptness,  intelli- 
gence and  unvarying  urbanity  as  gave  him  an  abid- 
ing place  in  the  entire  confidence  of  the  Bench  and 
Bar,  and  won  for  him,  I  have  no  doubt,  that  highest 
commendation  that  comes  to  any  man  in  the  dis- 
charge of  the  duties  imposed  upon  him  in  life — the 
approval  of  his  own  sense  of  right. 

Mr.  Hoyne  was  a  fellow  of  many  Societies ;  he 
was  prominent  in  every  charitable  enterprise ;  he 
was  a  friend  of  education  and  of  the  church ;  he 
loved  and  labored  for  humanity  and,  in  all  the  ways 
of  his  life,  demonstrated  the  possession  of  all  the 
qualities  and  all  the  graces  that  enter  into  and  adorn 
the  highest  type  of  gentle  and  generous  manhood. 

Mr.  Hoyne  belonged  to  a  family  of  great  force  of 
character  and  strength  of  intellect,  and,  with  devo- 
tion to  any  calling  in  life,  he  would  have  achieved 
distinction  therein.  With  his  broad  common  sense, 
his  intuitive  perception  of  the  right,  his  accurate 
measurement  of  men,  his  keen  appreciation  of 


68 

humor,  his  generosity  and  gentleness,  I  think  it  can 
not  be  charged  to  adulation,  if  I  say,  this  strong, 
loving  and  lovable  character  escaped  what  men  call 
greatness,  only  because  he  loved  his  fellow-man  more 
than  he  loved  himself.  And  it  was  because  of  this 
beautiful  negation  of  self,  that  all  who  knew  our 
dear,  dead  friend,  lovingly  called  him  "Uncle  Phil." 
The  man  dies,  but  his  character  does  not  perish  ; 
the  man  dies,  but  the  good  he  does  is  immortal. 
"  Earth  changes  ;  but  thy  soul  and  God  stand  sure." 

W.  G.  Ewing. 


QHERWOOD  DIXON,  late  United  States  Attor- 
^  ney  for  the  Northern  District  of  Illinois,  died 
at  his  home,  957  Jackson  Boulevard,  in  this  city, 
December  2nd,  1894,  of  laryngitis. 

Mr.  Dixon  was  born  at  Dixon,  Illinois,  November 
15th,  1847,  and  was  the  grandson  of  John  Dixon, 
the  founder  of  the  City  of  Dixon,  who  settled  in 
Lee  County,  Illinois,  in  the  year  1830,  and  who  was 
one  of  the  first  settlers  in  Lee  County. 

Sherwood  Dixon  pursued  his  legal  studies  under 
the  late  Judge  John  B.  Eustace  and  William  Barge. 
He  was  admitted  to  the  bar  in  1868,  and  in  1869 
became  a  member  of  the  firm  of  Eustace,  Barge  & 
Dixon,  one  of  the  best  known  law  firms  in  Northern 
Illinois.  He  was  Master  in  Chancery  of  the  Circuit 
Court  of  Lee  County  for  many  years,  and  was  Presi- 
dent of  the  Board  of  Education  of  Dixon  for  six 
years. 

Without  his  knowledge  or  consent  he  was  nomi- 
nated as  a  candidate  for  Congress  in  the  Seventh 
Congressional  District  in  1886,  by  the  Democratic 
Convention.  He  was  a  delegate  to  the  National 
Democratic  Conventions  in  1884  and  1892.  He  was 
elected  to  the  Legislature  of  this  State  in  1889,  and 


70 

again  in  1891.  During  the  latter  two  years  of  his 
service  as  representative,  he  was  Chairman  of  the 
Judiciary  Committee  of  the  House,  and  performed 
the  duties  of  that  important  position  with  rare  intel- 
ligence, resolution  and  fidelity. 

Mr.  Dixon  was  appointed  United  States  Attorney 
July,  1894,  and  entered  upon  the  duties  of  that 
important  office  August  2nd,  1894.  Owing  to  his 
known  integrity  as  a  man,  his  ability  as  a  lawyer, 
and  his  known  fidelity  to  all  trusts  that  had  been 
reposed  in  him,  there  was  no  real  opposition  to  his 
appointment — the  office  being  practically  conceded 
to  him  soon  after  the  inauguration  of  President 
Cleveland.  During  his  entire  incumbency  of  the 
office  as  District  Attorney  he  was  in  very  ill  health 
and  his  early  demise  was  predicted  by  those  who 
knew  him  best  and  recognized  his  always  frail  physi- 
cal constitution.  During  his  service  in  that  office 
he  discharged  its  duties  with  intelligence  and  fidelity 
and  to  the  satisfaction  of  all  reasonable  people  who 
had  business  with  that  office. 

In  1869  Mr.  Dixon  was  married  to  Melissa  G. 
Mead,  who  assisted  him  during  his  married  life  as 
only  a  devoted  wife  could.  He  also  leaves  surviving 
him  three  children — Mr.  Henry  S.  Dixon,  being  now 
the  chief  clerk  in  the  District  Attorney's  office,  and 
two  younger  children. 

In  every  walk  of  life  and  in  every  station,  as  a 


71 

lawyer,  statesman,  official,  in  social  and  in  domestic 
life,  he  assumed  and  faithfully  and  loyally  dis- 
charged every  obligation  resting  upon  him  as  a  man 
and  a  citizen.  He  was  a  man  of  irreproachable 
character,  modest  and  unassuming,  and  died  as  he 
had  lived,  a  manly  man. 

Thomas  E,  Milchrist. 


